Wyo. Code R. 040-0001-31
Effective Date: 12/02/1997 to 12/16/1998
Rule Type: Superceded Rules & Regulations
Reference Number: 040.0001.31.12021997
Section 1. Authority. These regulations are promulgated by authority of W.S. §23-1-302 and W.S. §23-1-701.
Section 2. Regulation and Effective Date. The Wyoming Game and Fish Commission hereby adopts the following regulations governing the appointment and operation of license selling agents. The Commission authorizes the Department to develop and maintain policies, processes and procedures necessary to carry out the provisions of this chapter. These regulations shall remain in effect until modified or rescinded by the Commission.
(a) It is the intent of this regulation to carry out the provisions of Wyoming Statutes §23-1-302 and §23-1-701 by providing policies, procedures and processes to appoint license selling agents throughout the state that enhance the Department's ability to serve the license buying public.
(b) In the appointment of these license selling agents, the Commission gives preference to sporting goods and equipment vendors because they foster the purpose and mission of the Game and Fish Commission as follows:
Section 4. Definitions. All terms used herein are referenced to and adopted from definitions contained in Title 23 Wyoming Statutes, and the Commission also adopts the following definitions:
(a) 'Agent of Record' means the designated license selling agent that shall be legally accountable for all aspects of proper transacting of specified Wyoming Game and Fish Commission business within the respective business entity.
(b) 'Business Entity' means sole proprietor, corporation, partnership, limited liability company, or any combination thereof.
(c) 'License Selling Agent' means the business entity at the physical location authorized by the Commission to act as its agent for purposes of selling and accounting for specified Wyoming Game and Fish Commission hunting, fishing and trapping licenses, permits, tags and/or stamps.
(d) 'License Selling Sub-agent' means an individual in the employ of, or responsible to, the license selling agent and authorized by the Wyoming Game and Fish Commission to sell specified Wyoming Game and Fish Commission hunting, fishing, and trapping licenses, permits, tags and/or stamps. License selling sub-agents shall be accountable to the license selling agent for all aspects of proper transaction of specified Wyoming Game and Fish Commission business.
(e) 'Non-sporting goods and equipment vendor' means a business establishment that does not demonstrate a bona fide and good faith commitment to providing the community a retail outlet for hunting, fishing, trapping and camping equipment, excluding foodstuffs and motorized vehicles.
(f) 'Out-of-State license selling agent' means an authorized license selling agent located in a state contiguous with Wyoming.
(g) 'Sporting goods and equipment vendor' means a business establishment that demonstrates a bona fide and good faith commitment to providing the community a retail outlet for hunting, fishing, trapping and camping equipment, excluding foodstuffs and motorized vehicles.
(h) 'Remote location' means the physical location of a business establishment which is at least fifteen (15) miles from an existing Wyoming Game and Fish Commission license selling agent.
(i) 'Youth License' means a big game license that may be issued to a resident or nonresident individual who is at least 11 years of age and who has not attained 18 years of age. The license shall not be valid until the license holder reaches his/her 12th birthday. For all other species requiring a license to take means a license that may be issued to a resident or nonresident individual who has not attained eighteen (18) years of age.
(a) After a license selling agent has received and signed for licenses, permits, tags and/or stamps on a license inventory charge document, the risk of loss for licenses, permits, tags and/or stamps or license fees lost, stolen or destroyed shall pass to the license selling agent. The license selling agent shall be liable to the Wyoming Game and Fish Commission for the cash value of any licenses, permits, tags and/or stamps that are lost, stolen or destroyed. All licenses, permits, tags and/or stamps shall remain the property of the Wyoming Game and Fish Commission. The license selling agent shall be responsible for actions of any of the license selling agent's sub-agent authorized to sell Wyoming Game and Fish Commission hunting, fishing and trapping licenses, permits and/or stamps.
(a) License selling agents and sub-agents shall ensure that all required information is completed on the license form.
(b) Resident licenses must be signed at the time of purchase by the individual whose name appears on the license and in the presence of the license selling agent or sub-agents. A license may also be issued upon presentation, by the applicant or another individual, of a Wyoming Game and Fish Commission authorized application form which has been properly completed bearing the applicant's signature. Prior to the issuance of a big game or trophy game youth license to a youth under the age of fourteen(14), both the youth and either a parent or legal guardian must sign the license at the time of license issuance or provide a properly completed application bearing both signatures.
(c) For the purpose of conveying hunting, fishing, and trapping privileges in the State of Wyoming, only official Wyoming Game and Fish Commission license forms shall be sold.
(d) Under no circumstances shall a license selling agent or sub-agent alter the printed form of any Wyoming Game and Fish Commission license, permit, tag and/or stamp. This includes adding anything other than information required by the license form. Any altered license, permit, tag and/or stamp shall be void.
(e) The license issue date shall not be predated or postdated. Unless otherwise specified, all hunting and fishing licenses, permits, tags and/or stamps shall be valid only during the calendar year printed on the respective form. Some licenses provide for a specific period of validity on the license forms.
(f) Once removed from the business entity, hunting, fishing, trapping licenses, permits, tags and/or stamps shall be canceled only under the written authority from the District Game Warden or the License Sales and Accounting Manager. The canceled license, permit, tag and/or stamp shall be evidenced by the signature and date on the completed void certificate submitted for void credit.
(g) Unsold licenses, permits, tags and/or stamps shall not be removed from the license selling agents authorized physical location without written authority of the District Game Warden, Regional Wildlife Supervisor or the License Sales and Accounting Manager.
(h) Except as otherwise prohibited by regulation, all license selling agents shall immediately upon receipt make available for sale, during their stated business hours, all license inventory to the public.
(i) License selling agents may not charge fees other than that established by Wyoming Statute for any service related to Wyoming Game and Fish Commission license, permit, tag and/or stamp sales.
(a) Licenses, permits, tags and/or stamps shall be voided in accordance with established Department procedure. The procedure for voiding any license, permits, tags and/or stamps shall include, but not be limited to; the word "VOID" written or stamped across the face of the document, the document number, the license number issued in lieu of the voided license (if applicable), void date, reason for the void and signature of the license selling agent, sub-agent or Department employee voiding the document.
(a) Approved license selling agents and their designated sub-agents shall complete, sign and return the appropriate Oath of Office Form to the License Sales and Accounting Section. The approved license selling agent shall complete the Oath of Office Form at the License Selling Agency Orientation and Training Seminar. Authorized sub-agents shall properly complete and mail to the License Sales and Accounting Section the Oath of Office Form prior to issuing any licenses, permits, tags and/or stamps.
(b) Persons who have not been approved by the Commission as prescribed in established procedure shall be prohibited from selling Wyoming Game and Fish Commission licenses, permits, tags and/or stamps.
(c) Persons shall be at least 18 years of age to be an authorized license selling agent or sub-agent.
(d) Persons shall be a resident of the state of Wyoming where the licenses, permits, tags and/or stamps are issued in order to administer an oath for the issuing of resident licenses, permits, tags and/or stamps.
(e) During all business hours, the agent of record or their designated sub-agent shall be available to sell licenses, permits, tags and/or stamps.
(a) The designated license selling agent shall be required to verify all license books, permit books, tags and/or stamps books received from the Department. Such verification shall be completed on a License Inventory Charge Document furnished by the Department. This form shall be signed by the person verifying the information and returned to the Department within ten (10) days from receipt.
(a) Monthly License Reports shall be prepared in duplicate on forms provided by the Department. The original copy (white copy) with all funds collected shall be remitted to the Department. The license selling agent shall retain the duplicate copy. All license funds collected including search and rescue donations shall be reported and submitted on the monthly license sales report. Sub-agents or business names shall not be used on License Reports. (b) Each appointed license selling agent shall be assigned an account number by the Department. This number shall be used on all transactions concerning the license selling agent. (c) If no licenses, permits, tags and/or stamps are sold during the month, the license selling agent shall submit a report indicating no sales. (d) Under no circumstances shall the pink copy of a license, permit or stamp be removed from the book.
(a) A "Duplicate License" shall be required for the replacement of lost or destroyed big or trophy game and wild turkey licenses. Any other lost or destroyed Wyoming Game and Fish Commission hunting, fishing or trapping license may be replaced by either purchasing another license or a "Duplicate License". (b) A duplicate license affidavit form shall be properly completed by the licensee and by the license selling agent that issued the original license.
(a) All Wyoming Game and Fish Commission license selling agents shall be subject to audit of any and all records and documents relating to licenses, permits, tags and/or stamp sales. These audits may be conducted, during normal business hours, without prior notification by a Department representative authorized by the Chief Fiscal Officer. Any audit of records shall also extend to records, documents and other writings in possession or custody of accountants, or other agents or representatives.
(a) Business establishments shall be evaluated and classified through an application process as either a sporting goods and equipment vendor or as a non-sporting goods and equipment vendor based on the definitions provided in Section 4 of this Chapter.
(b) Applications for license selling agents shall be submitted on forms supplied by the License Sales and Accounting Section.
(c) Applications from sporting goods and equipment vendors as defined in Section 4 of this Chapter shall be accepted throughout the year and shall be given preference in appointment in accordance with Wyoming Statute.
(d) If a District Game Warden determines a need for an additional license selling agent within his/her district, applications shall be accepted through solicitation by public notice in statewide and/or local news media.
(e) Untimely applications for advertised vacancies shall not be accepted by the Department.
(f) A license selling agent shall be appointed based upon the facts contained in the original application.
(i) Continued appointment of license selling agents shall be based upon whether the facts contained in the original application continue to be in effect.
(ii) If any facts contained in the original application change, the license selling agent's authority to sell licenses, permits, tags and/or stamps shall be subject to revocation by the Wyoming Game and Fish Commission.
(iii) A new owner of a currently established Wyoming Game and Fish Commission license selling agent shall apply to the Commission to be considered for appointment as a license selling agent.
(iv) When an authorized license selling agent is in the process of selling its business, the license selling agent shall simultaneously notify the License Sales and Accounting Manager of the pending sale. This notification will allow for the application of the new owner to be timely processed and presented to the Commission for consideration as a license selling agent. If the application is approved by the Commission, the approval may provide for transition from one business entity to another without the public being affected.
(g) If any of the following facts have changed from those listed in the license selling agent's original application, the renewal of the license selling agent may not be approved.
(i) the appointed agent of record; (ii) the business entity upon which the appointment was based; (iii) the physical location of the business entity upon which the appointment was based; (iv) the hours/days/months of operation; (v) continuance of a valid sales tax license for the respective business entity; (vi) the appointed agent of record has maintained physical control of license inventory; (vii) the appointed agent of record has maintained physical control of license funds collected.
Section 14. Criteria for Appointment of In-State License Selling Agents.
(a) All applications for license selling agents accepted by the Department shall be presented to the Commission for review.
(b) Appointment of sporting goods and equipment vendors as license selling agents shall be based upon their qualification of a sporting goods and equipment vendor as defined in Section 4.
(i) Agents shall be considered for appointment only if they are existing business entities.
(c) Appointment of non-sporting goods and equipment vendors as license selling agents shall be based upon the following criteria:
(i) Proximity to Existing License Selling Agents - Applicants shall be considered for appointment on the basis of their physical location in relation to existing license selling agents.
(ii) Public Service -Applicants shall be considered for appointment based on optimum period of hours, days and months of operation.
(iii) Applicants shall be considered for appointment only if they are existing business entities.
Section 15. Criteria for Appointment of Out-of-State License Selling Agents.
(a) The District Game Warden, through the Regional Wildlife Supervisor, will notify the License Sales and Accounting Manager of the possible need to establish an out-of-state license selling agent.
(b) Applicants for out-of-state license selling agents shall complete the proper application form. Consideration for approval of the agent shall generally, but not necessarily, be limited to criteria set forth in Section 14 of this Chapter.
(c) Out-of-state license selling agents shall only be authorized to sell the licenses listed in this subsection:
(i) Nonresident Fishing (ii) Nonresident Game Bird/Small Game (iii) Conservation Stamps (iv) Reciprocity Stamps (v) Nonresident Archery
(a) Within thirty (30) days of appointment, all new license selling agents shall be notified of a scheduled date in which they shall be required to travel to the Wyoming Game and Fish Headquarters in Cheyenne, or another Department facility as designated by the License Sales and Accounting Manager, at the license selling agent's expense in order to: pay the annual bonding fee as prescribed by W.S. §23-1-701; attend a License Selling Agency Orientation and Training Seminar; and receive the initial license allocation.
(b) At any time, a license selling agent may be required to travel at the license selling agent's expense to the Department Headquarters or another Department facility, as designated by the License Sales and Accounting Manager, to attend remedial training at the direction of the License Sales and Accounting Manager.
(a) A Wyoming Game and Fish Commission license selling agent may be transferred to another physical location of the same business establishment only upon approval of the Chief Fiscal Officer and the District Wyoming Game and Fish Commissioner. Recommendations by the District Game Warden, Regional Wildlife Supervisor, and the License Sales and Accounting Manager shall be considered by the Chief Fiscal Officer and the District Game and Fish Commissioner in determining whether or not to approve a transfer of physical location.
(a) The Commission may cancel license selling agents on the basis of the recommendation of the Chief Fiscal Officer for noncompliance with Wyoming Statutes or Commission Regulations.
(b) The cancellation shall be a contested case proceeding in accordance with Chapter 27 of the Wyoming Game and Fish Commission Rules and Regulations.
(a) If any provision of these regulations shall be held to be illegal or unconstitutional, such a ruling shall not affect other provisions of these regulations which can be given effect without the illegal or unconstitutional provision; and, to this end, the provisions of the regulations are severable.
WYOMING GAME AND FISH COMMISSION
By:_______
Dated: October 27, 1997
MIKE HUNZIE, PRESIDENT